Bargaining Theory in India in Relation to the ILO Convention No. 87 & 98

Bargaining Theory in India in Relation to the ILO Convention No. 87 & 98

Suryanarayana S.M.
The Tamil Nadu National Law School, Tiruchirapalli

“I know that I am among civilized men because they are fighting so savagely” – Voltaire

Bargaining Theory is an integral component of every industrial society. Collective bargaining is undoubtedly a most dynamic process at work in most of the developing economies today. India is no exception to this phenomenon. India, a founder member of the ILO is among a small minority of 19 ILO member states that have not ratified either of the two fundamental Conventions on freedom of association (No.87) and the Collective Bargaining Convention (No.98). Collective bargaining is universally acknowledged as the most ideal method for regulating the labour management conflict. This paper will analyse the problems behind hindrance in ratification of the Collective bargaining conventions, along with several other issues.

The researcher will analyse the impact of bargaining principles proposed by ILO in India. Alongside, the research will also cover the Challenges and prospects of Convention No. 87 and 98 in India. The role of Trade unions in achieving the collective bargaining principle will also be analysed. The methodology adopted by the researcher is purely Doctrinal in nature, with the aid of both primary and secondary sources. This will involve a comparative study between the Collective Bargaining with that of the convention No. 87 and 98 through Content analysis method. The data is also derived from various doctrinal and non-doctrinal researches, thereby enabling a standard in the analysis.

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